More Discussions for this daf
1. Caclulating Compensation For Injuries 2. How much for a tooth? 3. Are the Yadayim of Esav like the Yadayim of Yakov?
4. Evaluating Injuries
DAF DISCUSSIONS - BAVA KAMA 83

alexlebovits asked:

The Posuk says that one has to pay for knocking out a person's tooth-'Shen Tachas Shen' This Nezek, according to the Mishna, is arrived at by comparing the injured to a slave being sold in the market place.

For how much less will a slave with one tooth missing be sold for in the market place compared to a slave who has all his teeth?!

Thank you for considering my questions.

Alex Lebovits, Toronto, Canada

The Kollel replies:

The Gemara in Kesuvos 57b says that a person would not want to buy an Eved that has a visible blemish. This is because it is more pleasant to have the service of an Eved that does not have a blemish. Therefore an Eved with a tooth missing would be worth less than one with a full complement of teeth.

The Shitah Mekubetzes quotes Rabeinu Yehonasan who says that the reason a person is paid Nezek is because he could have sold himself as an Eved Ivri. Perhaps for this reason Rashi mentions that the Nizak could have sold himself as an Eved Ivri. However Rav Chaim ha'Levi Soloveitchik in his Sefer Chidushei Rabeinu Chaim ha'Levi on the Rambam (Hilchos To'en v'Nitan, see also Chidushei Maran Riz ha'Levi page 80 column 4) explains that the estimation is a Gezeiras ha'Kasuv as to the amount the Mazik should pay the Nizak and is not intended to repay the amount lost by the Nizak. According to this reasoning, the amount an Eved depreciates by the loss of a tooth does not necessarily have to correspond to the loss of the Nizak.

Dov Freedman